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1. All of the plaintiff's claims changed in the trial are dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning for the court’s explanation on this part of the underlying facts is that the plaintiff added “the defendant” to “the defendant,” “F” to “E,” and “F” to “F” to “E,” from September 20, 2015” to “F” to “E,” respectively.
up to “On the other hand, the Plaintiff paid 79,063,630 won to the Defendant on July 11, 2005, including the indemnity amounting to the period until June 30, 2005 and the late payment charge thereof.
Inasmuch as “1. Basic Facts” is the same as the part of “1. Basic Facts” in the judgment of the court of first instance (Articles 12 through 3, 2, and 4), the above part shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion is that Article 26 of the Enforcement Decree of the State Property Act (amended by Presidential Decree No. 21641, Jul. 27, 2009) provides that, in principle, with respect to the usage fees that serve as the basis for imposing indemnity, the value of the pertinent property shall be calculated by multiplying the pertinent property by 10/1,00, 25/1,000 or more in the case of “residential”, and 50/1,000 or more in the case of “other”, and 50/1,000 or more in the case of “other”.
Since the Defendant’s disposition imposing excessive amount of indemnity is null and void as a matter of course, the validity of the loan agreement of state property dated January 1, 200 remains valid until now, and the above loan agreement seeking confirmation of existence of validity in light of the above basic facts and the purport of the Plaintiff’s assertion different from that of the Plaintiff is deemed to mean each loan agreement of this case.
In addition, the Defendant’s return of unjust enrichment is justifiable among the Plaintiff’s total sum of KRW 79,063,630 paid by the Plaintiff on July 11, 2005 and KRW 15,000,000 paid to the Korea Land Corporation and KRW 94,063,630.